What Is Considered a “Reasonable Person” When It Comes to Negligence?
November 15, 2022 | Winters & Yonker, P.A. | Personal Injury
The “reasonable person” doesn't actually exist. They are a fictional person that jurists use to provide opposing parties with an objective standard to resolve a negligence claim. The question of whether a defendant was negligent often comes down to the question, “Would a ‘reasonable person’ have behaved in the manner that the defendant did...Read more
How To Proceed With a Personal Injury Lawsuit in St. Petersburg, FL
November 14, 2022 | Winters & Yonker, P.A. | Personal Injury
Most personal injury claims never make it to trial. Even if you file a lawsuit, you will still have several weeks to several months until the trial date, giving you plenty of time to settle. If the defendant is too stubborn to offer an adequate settlement, however, you might have no choice but to...Read more
3 Elements of Standing to Sue
October 21, 2022 | Winters & Yonker, P.A. | Personal Injury
Before you can file any type of lawsuit, you must be able to establish your legal standing to sue. Legal standing is discussed in the federal constitution. In general terms, Florida’s standing law requires someone to have a “stake” or “interest” in the outcome of a case. What is Legal Standing? Standing to sue...Read more
How Long Does It Take to Get a Tampa Personal Injury Settlement Check
October 20, 2022 | Winters & Yonker, P.A. | Personal Injury
Many people who file a personal injury claim want to know how to “track my settlement check” or “how long after settlement do I get paid?” It is natural to want to know when you will receive your money for a personal injury case. Many people need that money to get back on their...Read more
Basic Personal Injury Settlement Breakdown: How Much Goes in My Pocket?
October 10, 2022 | Winters & Yonker, P.A. | Personal Injury
The vast majority of personal injury claims settle out of court. You have probably heard of people who win significant settlements and asked yourself, “how much of that money actually made it into their pocket?” The answer differs from case to case. Below is a discussion of the factors you need to consider if...Read more
What Is the Difference Between a Lawyer and an Attorney?
September 22, 2022 | Winters & Yonker, P.A. | Personal Injury
Most people think a lawyer and an attorney are the same thing and use the terms interchangeably. They’re not wrong to make this assumption, but there is a slight difference between the two. A good way to describe the difference is that an attorney is a lawyer, but a lawyer isn’t always an attorney....Read more
How Safe Are Motor Scooters in Clearwater, FL?
September 21, 2022 | Winters & Yonker, P.A. | Personal Injury
Recently, motorized scooters have soared in popularity in Florida and throughout the United States. According to Bloomberg, ridership of electric scooters in the United States increased over 100 percent, from 38.5 million in 2018 to 88.5 million in 2019. Motorized scooters like mopeds and Vespas continue to be popular options, especially in coastal communities....Read more
When Are There Exceptions For The Statute Of Limitations?
January 1, 2020 | Winters & Yonker, P.A. | Personal Injury
When people learn that they only have four years to file a lawsuit for an injury, it seems like more than enough time. But as the time frame closes, it’s clear that there are many situations that require much more time. Your medical situation may not still be clear, and you may still be learning...Read more
How Much Does It Cost To Hire A Tampa Personal Injury Attorney?
September 16, 2019 | Winters & Yonker, P.A. | Personal Injury
A personal injury lawyer can be the difference between a fair compensation payout and a minimized settlement that doesn’t cover your medical bills. Most attorneys will rely on a contingency-fee arrangement which gives most people access to proper legal representation. Not only does this improve access to legal representation, but it also ensures that...Read more
My Child Got Hurt At Daycare: Filing A Daycare Accident Report
October 30, 2018 | Winters & Yonker, P.A. | Personal Injury
Nearly 1/4 of American children under the age of 5 attend a daycare, nursery, or preschool. Because most parents work outside of the home, they often have little choice but to entrust the care of their children to some form of organized care arrangement. But what happens when your child is injured while in the care...Read more